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A judge will not order an inquiry into the conduct of jury foreman Derek Welsman, producer and co-host of a popular morning radio show that made homophobic jokes about a sexual assault trial involving gay men.

Wells said she plans to appeal Justice Faye McWatt’s Tuesday decision rejecting a call for an inquiry. The judge also dismissed a request to order the Crown prosecutor to release more details about a meeting she had with Welsman about his on-air comments.

Welsman joked about the case on the Dean Blundell Show — jokes lawyer Wells says show the juror was biased against gay men and prejudged the case.

Justice McWatt, however, did not address in her ruling whether Welsman’s homophobic radio conduct affected the decisions he made as a juror.

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Instead, she focused on whether any of the broadcasts could have influenced other members of the jury, who unanimously found the accused guilty on nearly all counts.

The judge ruled the evidence did not show the jurors’ “verdicts were tainted.”

The convicted man’s lawyer called the decision “disheartening.”

“Are we to take from this that this is an acceptable way for a juror to conduct himself during trial?” Wells said outside the courtroom.

“If this is alright, then it’s a pretty sad day for the justice system.”

Welsman was the foreman of a jury that convicted Joshua Dowholis for sexually assaulting three men he met in a Carlton St. bathhouse.

Before the trial, Welsman swore on a Bible that he had no bias towards homosexuals.

On air, the radio personalities chortled as they mocked gay men who visit bathhouses and the intelligence of the sex assault victims. They snickered as they imagined the perpetrator’s excitement for prison showers.

“If anyone wants to get into the backdoor business, I can give you some tips,” said foreman Welsman, prompting more laughter from his on-air colleagues.

Dean Blundell ShowThe Dean Blundell Show has been repeatedly sanctioned for homophobic and discriminatory views.

Welsman and Corus Entertainment, the company that owns 102.1 The Edge radio station, is being represented by top criminal lawyer Frank Addario. He did not respond to questions from the Star.

Welsman had refused to comment on Wells’ application for an inquiry, saying, “I’ve been instructed I can’t say anything to anybody.”

A few hours after the judge released her ruling Tuesday, Welsman published a one-word Tweet: “(exhale!)”

Welsman has since deleted the Tweet.

The judge also ruled there is no need for the Crown prosecutor to disclose any more details about her interactions with the juror.

Three days after the Sept. 27 verdict, Welsman talked on-air about what jurors had to decide before making their guilty finding. It is against the law for jurors to disclose details of their deliberations. Welsman has not been charged.

The following day, Oct. 1, the prosecutor and the case’s lead detective visited him at the radio station.

During their meeting, the prosecutor and detective advised Welsman that it is against the law to discuss jury deliberations and warned there could be “neg. consequences” for the case if he were to continue talking about the trial on-air, according to the investigator’s notes.

The prosecutor, Meghan Scott, did not tell Dowholis’ lawyer, Wells, about the meeting. Wells only learned of the juror’s radio discussions because a fellow prisoner heard a broadcast while being transported in a police wagon and told Dowholis.

As part of her application, Wells asked the court to order the prosecutor to release more details of how she learned of the juror’s on-air comments and what she did about them.

“There is no evidence that anything the Crown did in this regard may have tainted the verdict,” Justice McWatt wrote in her ruling.

“The Crown’s contact with the juror was post-verdict and restricted to warning the juror about his liability under the Criminal Code not to disclose the content of any of the deliberations he took part in as a member of the jury.”

The prosecutor’s decision to meet the juror may be reviewed by the Ministry of the Attorney General, Crown attorney John Pearson said.

“The important thing to recognize is Her Honour found no evidence of prosecutorial misconduct,” he said.

Dowholis, who has already served more than 26 months behind bars in pre-sentence custody, will be sentenced in early January.

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